Police Powers of Search

Section 109 copyright, designs and patents act 1988 provides for the issue of search warrants.

Section 109(1) where a justice of the peace ... Is satisfied by information on oath given by a constable ... That there are reasonable grounds for believing -

(a) that an offence under section 107(1)(a),(b),(d)(iv) or (e) has been or is about to be committed in any premises, and

(b) that evidence that such an offence has been or is about to be committed is in those premises, he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

Section 109(3) a warrant

(a) may authorise persons to accompany any constable executing the warrant, and

(b) remains in force for 28 days from the date of its issue.

Section 109(4) in executing a warrant a constable may seize an article if he reasonably believes that it is evidence that any offence under section 107(1) has been or is about to be committed.

Under section 109(5) 'premises' includes land, buildings, moveable structures, vehicles, vessels, aircraft and hovercraft.

Section 17 of the video recordings act 1984 contains almost identical provisions concerning the issue of search warrants save that the 1984 act does not authorise a constable to be accompanied by anyone who is not a police officer. However, this is made possible by virtue of section 15(1) and 16(2) of the police and criminal evidence act 1984 which together provide that any warrant may authorise persons to accompany the constable.

Police officers are also granted additional powers of search under section 17(1) and 18(1) of the police and criminal evidence act 1984. Section 17(1)(b) provides that a constable may enter and search premises for the purpose of arresting a person for an arrestable offence (i.e. An offence carrying a penalty of not less than 5 years' imprisonment) and section 18(1) provides that following the arrest of a suspect for an arrestable offence any premises under that suspect's occupation or control may be searched with the written authority of a police inspector.

2.1 Specimen form of search warrant Copyright, Designs and Patents Act 1988 or Video Recordings Act 1984